Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Proposed Rules 82817 

accordance with the requirements of 

paragraph (f)(1) of this section. Plan M 

requires Employer G to make a 

nonelective contribution on behalf of 

each eligible employee equal to 2 

percent of the compensation of the 

employee for the plan year. 

(B) Based on these facts, long-term, 

part-time employees are excluded for 

purposes of determining whether Plan 

M satisfies every provision under 

paragraph (f)(1)(i) of this section for the 

plan year (to the extent the provision 

would otherwise apply to Plan M), 

including the nondiscrimination 

requirements of section 401(a)(4). 

Accordingly, any nonelective 

contribution made on behalf of a longterm, part-time employee for the plan 

year is disregarded for purposes of 

determining whether nonelective 

contributions made for the plan year 

satisfy the nondiscrimination 

requirements of section 401(a)(4). 

(ii) Example 2. (A) Employer H 

maintains Plan N. Plan N provides that 

all long-term, part-time employees are 

excluded from the application of the 

vesting and benefit requirements of 

section 416(b) and (c). Plan N requires 

Employer H to make a nonelective 

contribution on behalf of each eligible 

employee who is credited with at least 

1,000 hours of service during the plan 

year equal to 3 percent of the 

compensation of the employee for the 

plan year. Plan N provides that each 

employee has a 100-percent 

nonforfeitable right to any nonelective 

contribution Employer H makes on 

behalf of the employee. Plan N is a topheavy plan with respect to the plan 

year. 

(B) Based on these facts, long-term, 

part-time employees are excluded from 

the application of the vesting and 

benefit requirements of section 416(b) 

and (c) for the plan year. Accordingly, 

although Plan N is a top-heavy plan 

with respect to the plan year, Plan N is 

not required to satisfy the top-heavy 

benefit provisions of section 416(c) for 

the plan year with respect to any nonkey employee who is a long-term, parttime employee. 

(g) Applicability date. This section 

applies to plan years that begin on or 

after January 1, 2024. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2023–25987 Filed 11–24–23; 8:45 am] 

BILLING CODE 4830–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 10–90, 14–58, 09–197, and 

16–271; RM–11868; Report No. 3203; FR ID 

183017] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Reconsideration. 

SUMMARY: Petitions for Reconsideration 

(Petitions) have been filed in the 

Commission’s proceeding Connect 

America Fund: A National Broadband 

Plan for Our Future High-Cost Universal 

Service Support, ETC Annual Reports 

and Certifications, Telecommunications 

Carriers Eligible to Receive Universal 

Service Support, Connect America 

Fund—Alaska Plan, and Expanding 

Broadband Service Through the ACAM 

Program. 

DATES: Oppositions to the Petitions 

must be filed on or before December 12, 

2023. Replies to oppositions must be 

filed on or before December 22, 2023. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Stephen Wang of 

the Wireline Competition Bureau, 

Telecommunications Access Policy 

Division, at (202) 418–7400 or 

Stephen.Wang@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3203, released 

October 31, 2023. The full text of the 

Petitions can be accessed online via the 

Commission’s Electronic Comment 

Filing System at: http://apps.fcc.gov/ 

ecfs/. The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. 

801(a)(1)(A), because no rules are being 

adopted by the Commission. 

Subject: Connect America Fund: A 

National Broadband Plan for Our Future 

High-Cost Universal Service Support 

(WC Docket Nos. 10–90, 14–58, 09–197, 

and 16–271; RM–11868). 

Number of Petitions Filed: 5. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2023–25858 Filed 11–24–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2023–0023; 

FF09E21000 FXES1111090FEDR 245] 

RIN 1018–BH13 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for Sacramento Mountains 

Checkerspot Butterfly 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period and announcement of 

public hearing. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are reopening 

the public comment period on our 

August 10, 2023, proposed rule to 

designate critical habitat for the 

Sacramento Mountains checkerspot 

butterfly (Euphydryas anicia 

cloudcrofti), a butterfly from New 

Mexico, under the Endangered Species 

Act of 1973, as amended (Act). We are 

taking this action to conduct a public 

hearing and to allow all interested 

parties additional time to comment on 

the proposal to designate critical habitat 

for the Sacramento Mountains 

checkerspot butterfly. Comments 

previously submitted need not be 

resubmitted and will be fully 

considered in preparation of the final 

rule. 

DATES: 

Comment submission: The comment 

period on the proposed rule that 

published August 10, 2023 (88 FR 

54263), is reopened. We will accept 

comments received or postmarked on or 

before December 27, 2023. Please note 

that comments submitted electronically 

using the Federal eRulemaking Portal 

(see ADDRESSES, below) must be 

received by 11:59 p.m. eastern time on 

the closing date to ensure consideration. 

Public hearing: On December 12, 

2023, we will hold a public hearing on 

the proposed critical habitat designation 

for the Sacramento Mountains 

checkerspot butterfly from 5 to 8 p.m., 

Mountain time, using the Zoom online 

platform (for more information, see 

Public Hearing, below). 

ADDRESSES: 

Availability of documents: You may 

obtain copies of the August 10, 2023, 

proposed rule and associated 

documents on the internet at https://

www.regulations.gov under Docket No. 

FWS–R2–ES–2023–0023. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
82818 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Proposed Rules 

Written comments: You may submit 

comments by one of the following 

methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R2–ES–2023–0023, which is 

the docket number for the proposed 

rule. Then, click on the Search button. 

On the resulting page, in the panel on 

the left side of the screen, under the 

Document Type heading, check the 

Proposed Rule box to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R2–ES–2023–0023, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comments, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Shawn Sartorius, Field Supervisor, U.S. 

Fish and Wildlife Service, New Mexico 

Ecological Services Field Office, 2105 

Osuna Road NE, Albuquerque, NM 

87113; telephone 505–346–2525. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. Please see 

Docket No. FWS–R2–ES–2023–0023 on 

https://www.regulations.gov for a 

document that summarizes the August 

10, 2023, proposed rule. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 10, 2023, we published a 

proposed rule (88 FR 54263) to 

designate critical habitat for the 

Sacramento Mountains checkerspot 

butterfly under the Act. The proposed 

rule opened a 60-day public comment 

period, ending October 10, 2023. During 

the open comment period, we received 

a request for a public hearing. Therefore, 

we are reopening the comment period 

and announcing a public hearing to 

allow the public an additional 

opportunity to provide comments on the 

proposed rule. 

For a description of previous Federal 

actions concerning critical habitat for 

the Sacramento Mountains checkerspot 

butterfly and information on the types 

of comments that would be helpful to us 

in promulgating this rulemaking action, 

please refer to the August 10, 2023, 

proposed rule (88 FR 54263). 

Public Hearing 

We are holding a public hearing to 

accept comments on the proposed rule 

to designate critical habitat for the 

Sacramento Mountains checkerspot 

butterfly on the date and at the time 

listed in DATES. We are holding the 

public hearing via the Zoom online 

video platform and via teleconference so 

that participants can attend remotely. 

For security purposes, registration is 

required. All participants must register 

in order to listen and view the hearing 

via Zoom, listen to the hearing by 

telephone, or provide oral public 

comments at the public hearing by 

Zoom or telephone. 

For information on how to register, or 

if you encounter problems joining Zoom 

the day of the meeting, visit https://

www.fws.gov/office/new-mexicoecological-services. Registrants will 

receive the Zoom link and the telephone 

number for the public hearing. If 

applicable, interested members of the 

public not familiar with the Zoom 

platform should view the Zoom video 

tutorials (https://support.zoom.us/hc/ 

en-us/categories/200101697-GettingStarted-with-Zoom) prior to the public 

hearing. 

The public hearing will provide 

interested parties an opportunity to 

present verbal testimony (formal, oral 

comments) regarding the August 10, 

2023, proposed rule to designate critical 

habitat for the Sacramento Mountains 

checkerspot butterfly (88 FR 54263). 

The purpose of the public hearing is to 

provide a forum for accepting formal 

verbal testimony, which will then 

become part of the record for the 

proposed rule. In the event there is a 

large attendance, the time allotted for 

verbal testimony may be limited. 

Therefore, anyone wishing to provide 

verbal testimony at the public hearing is 

encouraged to provide a prepared 

written copy of their statement to us 

through the Federal eRulemaking Portal 

or U.S. mail (see ADDRESSES, above). 

There are no limits on the length of 

written comments submitted to us. 

Anyone wishing to provide verbal 

testimony at the public hearing must 

register before the hearing. 

For information on how to register, 

visit https://www.fws.gov/office/newmexico-ecological-services. The use of a 

virtual public hearing is consistent with 

our regulations at 50 CFR 424.16(c)(3). 

Reasonable Accommodation 

The Service is committed to providing 

access to the public hearing for all 

participants. Closed captioning will be 

available during the public hearing. 

Further, a full audio and video 

recording and transcript of the public 

hearing will be posted online at https:// 

www.fws.gov/office/new-mexicoecological-services after the hearing. 

Participants will also have access to live 

audio during the public hearing via 

their telephone or computer speakers. 

Persons with disabilities requiring 

reasonable accommodations to 

participate in the hearing should contact 

the person listed under FOR FURTHER

INFORMATION CONTACT at least 5 business 

days prior to the date of the hearing to 

help ensure availability. An accessible 

version of the Service’s public hearing 

presentation will also be posted online 

at https://www.fws.gov/office/newmexico-ecological-services prior to the 

hearing (see DATES, above). See https:// 

www.fws.gov/office/new-mexicoecological-services for more information 

about reasonable accommodation. 

Public Comments 

If you submit information via https:// 

www.regulations.gov, your entire 

submission—including your personal 

identifying information—will be posted 

on the website. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on https://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the proposed rule, 

will be available for public inspection 

on https://www.regulations.gov. 

Authors 

The primary authors of this proposed 

rule are the staff members of the Fish 

and Wildlife Service’s Species 

Assessment Team and the New Mexico 

Ecological Services Field Office. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2023–25597 Filed 11–24–23; 8:45 am] 

BILLING CODE 4333–15–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS